BILL NUMBER: AB 2455 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY APRIL 7, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Member Laird
FEBRUARY 21, 2008
An act to amend Sections 5096.501, 5096.511, and 5096.515
of, and to add Chapter 1.694 (commencing with Section 5096.450) to
Division 5 of, the Public Resources Code, relating to state lands.
An act to amend Section 15853 of the Government Code,
to amend Sections 5006, 5096.501, 5096.511, and 5096.515 of, and to
add Article 2.1 (commencing with Section 550) to Chapter 1 of
Division 1 of, and Chapter 1.694 (commencing with Section 5096.450)
to Division 5 of, the Public Resources Code, relating to state lands.
LEGISLATIVE COUNSEL'S DIGEST
AB 2455, as amended, Laird. State lands: resource land
transactions.
(1) Existing law requires the State Public Works Board to acquire,
on behalf of the Department of Parks and Recreation, interests in
real property, including options to purchase, that have been
appraised, selected, and settled through purchase negotiations
conducted by the department, subject to certain requirements.
This bill would remove the State Public Works Board as the entity
designated to acquire property for the Department of Parks and
Recreation, create the State Parks Preservation Board ("board"), and
require the board to review the departments recommendations, and
authorize the board to authorize the department to acquire real
property or rights in real property, subject to certain additional
requirements, including, but not limited, a prohibition on acquiring
property by eminent domain proceedings.
Under
(2) Under existing law, the
Resources Agency consists of, among other entities, the Department of
Parks and Recreation and the Department of Fish and Game, which
includes the Wildlife Conservation Board. Existing law also
establishes within the agency the State Coastal Conservancy
and the Santa Monica Mountains Conservancy . Existing law
authorizes various entities within the agency to acquire land for
purposes related to conservation.
Existing law requires an acquisition agency, prior to approving a
major acquisition of conservation land, where an agency proposes to
spend more than $25,000,000 of state funds, to contract for at least
one independent appraisal of the fair market value of the land and
requires that appraisal to be reviewed by a qualified independent
appraiser retained by the acquisition agency. Existing law requires
the acquisition agency to make available for public review, among
other things, the independent appraisal review, a summary of the
basis for the recommendation of approval for the acquisition of the
land, and any relevant environmental studies, documents, or other
information.
Existing law, for purposes of these provisions, defines
"acquisition agency" to mean the Wildlife Conservation Board or the
State Coastal Conservancy, and "conservation lands" to mean land that
is under the jurisdiction of the Wildlife Conservation Board, the
State Coastal Conservancy, the Department of Fish and Game, or the
Department of Parks and Recreation.
This bill would additionally include the Department of Parks and
Recreation in the definition of "acquisition agency." The bill would
additionally require an appraisal , to be conducted as
specified, for a major acquisition of conservation lands to
include information related to comparable sales in the region and the
development potential of the land and would require an acquisition
agency to review and amend the appraisal if a period of time longer
than one year passes between the time that the appraisal is conducted
and its submission to the agency.
This bill would also require an appraisal for the fair market
value of the land to be provided to any department, board, or
conservancy within the Resources Agency prior to approving the
acquisition of land for conservation or recreation purposes. The bill
would require the appraisal to be conducted by a qualified
member of the Appraisal Institute the Real Estate
Services Division of the Department of General Services or an
independent appraiser appropriately licensed by the Office of Real
Estate Appraisers and to include information related to
comparable sales in the region and the development potential of the
land. The bill would require the acquisition agency, as
defined, to review and amend the appraisal that
if a period of time longer than one year passes between the time that
the appraisal is conducted and its submission to the agency the
appraisal be reviewed by an appraiser, as prescribed, and amended if
necessary. Land acquired at no cost to the state would not be
subject to the appraisal requirements .
The bill would provide that, if the provisions relating to major
acquisitions and the provisions relating to acquisitions by agencies
within the Resources Agency are applicable to a major acquisition,
and those provisions are inconsistent or duplicative, then the
provisions governing major acquisitions would apply.
The bill also would make legislative findings and declarations
related to land acquisition processes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) It is vital to ensure the efficient use of state funds for the
acquisition of property by state agencies, in terms of both the
amounts paid for property and the procedures used for its
acquisition.
(b) It is important to ensure that a state agency acquiring
property acts expeditiously to purchase critically needed state
resource lands for purposes of preserving and protecting those lands.
(c) Several departments within the Resources Agency purchase real
property, including the Department of Fish and Game and the
Department of Parks and Recreation.
(d) In 2004, the California Performance Review identified numerous
concerns with the review and approval processes for state resource
land transactions.
(e) In 2006, the Legislature passed and the Governor signed AB
2497 (Chapter 462, Statutes of 2006), which added Section 12805.3 to
the Government Code to require the Secretary of the Resources Agency
and the Department of Finance to convene a workgroup to evaluate and
develop options for improving the efficiency of state resource land
transactions.
(f) The report to the Legislature on the outcomes of the workgroup
pursuant to Section 12805.3 of the Government Code will soon be
released by the Resources Agency and the Department of Finance.
(f) In 2008, the AB 2497 (Chapter 462, Statutes of 2006) workgroup
report was submitted to the Legislature and included recommendations
for administrative actions to improve the land appraisal process and
options for legislative actions to improve resource land
transactions and acquisitions. One of those options included
establishing a State Parks Board, and shifting acquisition approval
from the State Public Works Board to the new State Parks Board.
(g) In 2007, the Legislative Analyst's Office identified concerns
with the appraisal process for resource land transactions and made
recommendations to improve the procedures and independence of
appraisals.
SEC. 2. Section 15853 of the Government
Code is amended to read:
15853. (a) The board may select and acquire, in the name of and
on behalf of the state, with the consent of the state agency
concerned, the fee or any lesser right or interest in any real
property necessary for any state purpose or function.
(b) If moneys are appropriated by the Budget Act for any fiscal
year or by any other act for the acquisition of land or other real
property, either (1) subject to this part or (2) for any state agency
for whom property is acquired by the board, the moneys and
acquisitions are subject to this part and the moneys shall be
expended in accordance with this part, notwithstanding any other
provisions of law.
(c) Notwithstanding any other provisions of law, all land and
other real property to be acquired by or for any state agency, other
than the Department of Transportation, the Department of Water
Resources, the State Reclamation Board, the Department of Fish and
Game, the Wildlife Conservation Board, the Department of Parks
and Recreation, the Public Employees' Retirement System, the
State Teachers' Retirement System, the Department of Housing and
Community Development, the State Lands Commission, except for
property to be acquired for the State Lands Commission pursuant to an
appropriation from the General Fund, and the State Coastal
Conservancy with respect to acceptance of offers to dedicate public
accessways made pursuant to Division 20 (commencing with Section
30000) of the Public Resources Code, shall be acquired by the State
Public Works Board in accordance with this part.
(d) (1) Notwithstanding subdivision (a), the board shall acquire,
on behalf of and for the Department of Parks and Recreation, in
accordance with this part, any interests in real property, including
options to purchase, which have been appraised, selected, and settled
through purchase negotiations by the Department of Parks and
Recreation pursuant to subdivision (b) of Section 5006 of the Public
Resources Code. Out of moneys appropriated for the acquisition of
options to purchase, no more than ten thousand dollars ($10,000) may
be expended for the acquisition of any single option unless otherwise
provided by the Legislature.
(2) Notwithstanding Section 15854, purchase negotiations for
interests in real property for the state park system pursuant to
subdivision (d) of Section 5006 of the Public Resources Code shall be
initiated within six months of the effective date of the act that
appropriates funds for the acquisition. Purchase negotiations on all
projects not proposed pursuant to subdivision (d) of Section 5006 of
the Public Resources Code shall be initiated within 12 months of the
effective date of the act appropriating funds for the acquisition.
Either title shall be conveyed or a written agreement to transfer
title shall be executed within the appropriate authorization period
unless the Department of Parks and Recreation formally abandons the
acquisition prior to the conclusion of the appropriate authorization
period. For the purposes of this section, in order for the Department
of Parks and Recreation to "formally abandon" an acquisition, it
shall transmit written notification to the board of its intent not to
proceed with the acquisition.
(3) The board, at any time during the periods specified in
paragraph (2), may commence condemnation proceedings if it finds it
to be appropriate. However, if, during the appropriate authorization
period, title is not conveyed or a written agreement to transfer
title is not signed, the acquisition has not been formally abandoned,
or condemnation proceedings have not been commenced, the Department
of Parks and Recreation shall notify, by letter, the chair of the
committee in each house of the Legislature that considers
appropriations, the Chair of the Joint Legislative Budget Committee,
and the Members of the Legislature within whose district any part of
the land or other real property is located of the status of the
acquisition. For the purpose of this paragraph, condemnation
proceedings shall be deemed to be commenced as of the date the board
authorizes acquisition by condemnation.
(4) The board may schedule special meetings as are necessary to
expedite the acquisition of options to purchase real property for the
state park system.
(e)
(d) The board may acquire furnishings that the owner
thereof agrees to sell and that are contained within improvements
acquired by the board. Cost of acquisition of furnishings shall be
charged to the appropriation available for acquisition of the real
property.
SEC. 3. Article 2.1 (commencing with Section 550)
is added to Chapter 1 of Division 1 of the Public
Resources Code , to read:
Article 2.1. State Parks Preservation Board
550. (a) The Legislature finds and declares that the preservation
of the state's extraordinary biological diversity, protection of its
most valued natural and cultural resources, and the creation of
opportunities for high-quality outdoor recreation are a critical part
of providing adequate parks and recreation for the state's people in
the interest of public welfare. It is the policy of the state to
acquire and restore to the highest possible level, and maintain in a
state of high productivity, those areas that can be most successfully
used to support biological diversity, natural and cultural
resources, and recreation.
(b) To carry out these purposes, a single and coordinated program
for the acquisition of lands and facilities suitable for natural,
cultural, and recreational purposes, is hereby established.
551. There is within the Department of Parks and Recreation the
State Parks Preservation Board, which is hereby created. The board
shall consist of the chair of the commission, the director, and the
Director of Finance.
552. The members of the board shall elect a chairman.
553. The board shall review recommendations from the department
and shall authorize the acquisition of real property or rights in
real property, pursuant to this article and as may be necessary to
carry out the purposes of this article.
554. Two Members of the Senate, appointed by the Senate Committee
on Rules, and two Members of the Assembly, appointed by the Speaker
of the Assembly, shall meet with the board and participate in its
activities to the extent that such participation is not incompatible
with their respective positions as Members of the Legislature.
555. (a) When the department acquires real property, the purchase
price for the real property shall not exceed the fair market value
of the property, as defined in Section 1263.320 of the Code of Civil
Procedure.
(b) The fair market value shall be set forth in an appraisal that
is prepared by a licensed real estate appraiser and approved by the
Department of General Services.
SEC. 4. Section 5006 of the Public
Resources Code is amended to read:
5006. (a) The department, with the consent of the
Department of Finance, and subject to Section 15853 of the Government
Code, subject to authorization by the State Parks
Preservation Board pursuant to Article 2.1 (commencing with Section
550) of Chapter 1 of Division 1, may acquire title to or any
interest in real property, including personal property incidental to
the purchase of real property and options to purchase property, which
the department deems necessary or proper for the extension,
improvement, or development of the state park system. All real and
personal property acquired by the department for the state park
system shall be under the jurisdiction of the department immediately
upon transfer of title to the state.
(b) The department shall not acquire property by eminent domain
proceedings. The State Parks Preservation Board may authorize
acquisition by the State Public Works Board, which may effect
acquisitions pursuant to the Property Acquisition Law, Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code.
(b)
(c) (1) The department , pursuant to paragraph
(1) of subdivision (d) of Section 15853 of the Government Code,
may appraise and select real property for the purpose of
acquiring an option to purchase the real property for the state park
system. Out of moneys appropriated for the acquisition of
options to purchase, no more than ten thousand dollars ($10,000) may
be expended for the acquisition of any single option unless otherwise
provided by the Legislature. The department may utilize the
services of the Real Estate Services Division of the Department of
General Services or may contract with independent appraisers
appropriately certified by the Office of Real Estate Appraisers, to
assist in appraising property.
(2) The department , pursuant to paragraph (1) of
subdivision (d) of Section 15853 of the Government Code,
may appraise and select real property for potential acquisition of,
and addition to, the state park system. The department may utilize
the services of the Real Estate Services Division of the Department
of General Services or may contract with independent appraisers
appropriately certified by the Office of Real Estate Appraisers, to
assist in appraising the property. Prior to appraising the property,
the Department of Parks and Recreation shall notify the owners of the
real property that the department is considering the real property
for acquisition, and may have it appraised. The department shall
determine the form and manner of giving the notice.
(3) The department , pursuant to paragraph (1) of
subdivision (d) of Section 15853 of the Government Code,
may select real property it has appraised and submit purchase offers
and negotiate a purchase agreement with the owner or owners of the
property. The department shall be responsible for implementing and
processing the purchase agreement and conveyance of title to the
state. The department may utilize the services of the Real Estate
Services Division of the Department of General Services, or may
contract with other state agencies with real estate and right-of-way
acquisition programs, to assist in negotiating purchase agreements
and conveyance of title.
(c)
(d) Upon acquisition of real property for the state
park system, the department shall be responsible for providing
relocation assistance to displaced persons as provided under Chapter
16 (commencing with Section 7260) of Division 7 of Title 1 of the
Government Code. The department may utilize the services of the Real
Estate Services Division of the Department of General Services, or
may contract with other state agencies or private consultants with
real estate and right-of-way acquisition programs, to assist in
relocation planning and implementation.
(d)
(e) (1) Requests for funding to administer the
department's acquisition program shall be submitted by the department
for inclusion in the Governor's Budget for each fiscal year.
(2) Requests for funding to acquire options to purchase real and
personal property for the state park system shall be submitted by the
department for inclusion in the Governor's Budget for each fiscal
year based upon its estimate of the amount needed for that purpose.
If an option to purchase real property for the state park system has
been acquired, the funding proposed by the department shall be the
appraised value of the property less the sum expended by the
state park system for the purchase of the option. The
expenditure of the moneys shall be subject to the limitation
specified in paragraph (1) of subdivision (d) of Section
15853 of the Government Code paragraph (1) of
subdivision (c) unless otherwise provided by the Legislature.
(3) Requests for funding to acquire real property or any interest
in real property shall be submitted by the department for inclusion
in the Governor's Budget for each fiscal year. The projects shall
have been selected and appraised by the department pursuant to
subdivision (b) (c) prior to inclusion.
The Governor's Budget shall contain a separate description of each
project, or acquisition program and its appraised value, or funding
allocation.
(4) Purchase negotiations for interests in real property shall be
initiated within six months of the effective date of the act that
appropriates funds for the acquisition. Purchase negotiations on all
projects not proposed pursuant to this subdivision shall be initiated
within 12 months of the effective date of the act appropriating
funds for the acquisition. Either title shall be conveyed or a
written agreement to transfer title shall be executed within the
appropriate authorization period unless the department formally
abandons the acquisition prior to the conclusion of the appropriate
authorization period. For the purposes of this section, in order for
the department to "formally abandon" an acquisition, it shall
transmit written notification to the Department of General Services
and the State Parks Preservation Board of its intent not to proceed
with the acquisition.
(e)
(f) The requirements imposed by subdivision (d)
(e) are in addition to any other provisions of
law requiring the inclusion of state park system acquisition projects
in the Governor's Budget.
(f)
(g) The department shall not enter into any purchase
agreements for the acquisition of real property if the consideration
to be paid by the department is in excess of five hundred thousand
dollars ($500,000), unless Section 5006.1 has been complied with.
(g)
(h) Notwithstanding any other provision of law, all
appraisals conducted by the department pursuant to this section shall
be reviewed and approved by the Department of General Services or,
at the discretion of the Department of General Services, a competent
professional appraiser approved by the Department of General
Services. Real property shall be appraised and appraisal review
completed before commencement of purchasing negotiations. All
contracts related to the acquisition of real property shall be
reviewed and approved by the Department of General Services pursuant
to Section 11005 of the Government Code.
SEC. 2. SEC. 5. Chapter 1.694
(commencing with Section 5096.450) is added to Division 5 of the
Public Resources Code, to read:
CHAPTER 1.694. APPRAISAL OF LAND ACQUISITIONS
5096.450. For purposes of this chapter, the following terms have
the following meanings:
(a) "Acquisition" means a transaction where an
acquisition agency proposes to acquire land, or an interest in the
land, all land and other real property to be acquired
in fee title or by easement for conservation or recreation
purposes.
(b) "Acquisition agency" means a department, board, or conservancy
within the Resources Agency that acquires land for conservation or
recreation purposes.
5096.451. Prior to an action by an acquisition agency to approve
an acquisition of land for conservation or recreation purposes, an
appraisal of the fair market value of the land shall be provided to
the acquisition agency for consideration. The appraisal shall be
conducted by a qualified member of the Appraisal Institute
who is licensed the Real Estate Services Division of
the Department of General Services or an independent appraiser
appropriately licensed by the Office of Real Estate Appraisers,
pursuant to Part 3 (commencing with Section 11300) of Division 4 of
the Business and Professions Code. The appraisal shall be prepared
pursuant to the Uniform Standards of Professional Appraisal Practice
and any supplemental standards that inform the acquisition of
conservation and recreation lands, if applicable.
5096.452. The appraisal conducted pursuant to Section 5096.451
shall include, but is not limited to, the following information:
(a) Comparable sales in the region.
(b) The development potential of the land and the basis for the
determination of the development potential.
5096.453. If a period of time longer than one year passes between
the time that an appraisal required pursuant to Section 5096.451 is
conducted and the time that the appraisal is submitted for approval
by the acquisition agency, the acquisition agency shall
review and amend that appraisal appraisal shall be
reviewed by an appraiser, pursuant to Section 5096.451, and amended
if necessary prior to an action by the acquisition agency to
approve the acquisition.
5096.454. Land, acquired by an acquisition agency at no cost to
the state, shall not be subject to the requirements of Section
5096.451.
SEC. 3. SEC. 6. Section 5096.501 of
the Public Resources Code is amended to read:
5096.501. For purposes of this chapter, the following terms have
the following meanings:
(a) "Acquisition agency" means the Wildlife Conservation Board,
the State Coastal Conservancy, or the Department of Parks and
Recreation.
(b) "Conservation lands" means any land or interest therein to be
acquired by an acquisition agency, or that is owned by the state and
under the jurisdiction of the Wildlife Conservation Board, the State
Coastal Conservancy, the Department of Fish and Game, or the
Department of Parks and Recreation.
(c) "Major acquisition" means an acquisition where an agency
proposes to spend more than twenty-five million dollars ($25,000,000)
of state funds.
SEC. 4. SEC. 7. Section 5096.511 of
the Public Resources Code is amended to read:
5096.511. (a) Prior to an action by an acquisition agency to
approve a major acquisition of conservation lands, the acquisition
agency shall contract for at least one independent appraisal of the
fair market value of the land. The appraisal shall be conducted by
a qualified member of the Appraisal Institute who is
licensed an independent appraiser appropriately
licensed by the Office of Real Estate Appraisers, pursuant to
Part 3 (commencing with Section 11300) of Division 4 of the Business
and Professions Code. The appraisal shall be prepared pursuant to the
Uniform Standards of Professional Appraisal Practice and any
supplemental standards that inform the acquisition of conservation
and recreation lands, if applicable.
(b) The appraisal conducted pursuant to this section shall
include, but is not limited to, the following information:
(1) Comparable sales in the region.
(2) The development potential of the land and the basis for the
determination of the development potential.
(c) If a period of time longer than one year passes between the
time that an appraisal required pursuant to this section is conducted
and the time that the appraisal is submitted to the acquisition
agency for review pursuant to Section 5096.512, the acquisition
agency shall review and amend that appraisal before taking any
further action on that appraisal.
SEC. 5. SEC. 8. Section 5096.515 of
the Public Resources Code is amended to read:
5096.515. (a) The procedures and requirements established
pursuant to this chapter are in addition to, and do not amend,
modify, or supplant, any procedures or requirements established
pursuant to the Water Security, Clean Drinking Water, Coastal and
Beach Protection Act of 2002 (Division 26.5 (commencing with Section
79500) of the Water Code) or the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter
1.696 (commencing with Section 5096.600)), for the acquisition of
conservation lands.
(b) Chapter 1.694 (commencing with Section 5096.450) and this
chapter shall apply to major acquisitions, except where duplicative
of, or inconsistent with, the provisions of this chapter, in which
case this chapter shall govern.